Citation NR: 9602774
Decision Date: 02/01/96 Archive Date: 02/16/96
DOCKET NO. 93-18 279 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUE
Entitlement to an increased evaluation for generalized
anxiety disorder, currently rated as 70 percent disabling, to
include the question of entitlement to a total rating based
upon individual unemployability due to a service-connected
disability.
ATTORNEY FOR THE BOARD
John D. Nachmann, Associate Counsel
INTRODUCTION
The veteran had active military service from December 1942 to
September 1944.
This matter comes before the Board of Veterans’ Appeals
(Board) on appeal from a rating decision of March 1992 by the
Department of Veterans Affairs (VA) New York, New York,
Regional Office (RO).
CONTENTIONS OF APPELLANT ON APPEAL
The veteran contends that the RO was incorrect in not
granting the benefit sought on appeal. He maintains that he
is entitled to a total disability rating because his
generalized anxiety disorder prevents him from performing any
type of work activity whatsoever. Therefore, he requests a
favorable determination by the Board.
DECISION OF THE BOARD
The Board, in accordance with the provisions of 38 U.S.C.A.
§ 7104 (West 1991), has reviewed and considered all of the
evidence and material of record in the veteran’s claims file.
Based on its review of the relevant evidence in this matter,
and for the following reasons and bases, it is the decision
of the Board that the evidence supports the assignment of a
total rating for the veteran’s generalized anxiety disorder.
FINDINGS OF FACT
1. All relevant evidence necessary for an equitable
disposition of the veteran’s appeal has been obtained by the
RO.
2. The current manifestations of the veteran’s generalized
anxiety disorder include poor social adjustment, difficulty
controlling his temper, difficulty sleeping, depressed mood,
and social isolation.
3. The veteran’s generalized anxiety disorder is productive
of no more than severe social and industrial impairment.
4. The veteran has an eighth grade education and last worked
as a barber in June 1977.
5. The veteran is unemployable due to his service-connected
disability.
CONCLUSION OF LAW
The veteran’s generalized anxiety disorder is totally
disabling under applicable schedular criteria. 38 U.S.C.A.
§§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.340, 3.341, 4.1-
4.10, 4.16, 4.19, 4.125, 4.129, 4.130, 4.132, Diagnostic Code
9400 (1994).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
The veteran has submitted a well-grounded claim within the
meaning of 38 U.S.C.A. § 5107(a). See Murphy v. Derwinski,
1 Vet.App. 78, 81 (1990); Gilbert v. Derwinski, 1 Vet.App.
49, 55 (1990). That is, the Board finds that he has
submitted a claim which is plausible. The Board is also
satisfied that all relevant evidence necessary for an
equitable disposition of the veteran’s appeal has been
obtained and that no further assistance is required to comply
with the duty to assist him mandated by 38 U.S.C.A.
§ 5107(a). In this regard, the Board notes that the
veteran’s case was remanded to the RO in April 1995 for the
conduction of additional development and that such
development has been completed and associated with the claims
file.
The service medical records indicate that the veteran
developed a severe anxiety state psychoneurosis which was
manifested by headaches, backaches, gastrointestinal
complaints, weakness, and insomnia. Shortly following the
veteran’s separation from service, service connection was
established for generalized anxiety disorder and a 10 percent
evaluation was assigned to this disability.
The report of a November 1975 VA examination reveals that the
veteran was very tense, anxious, and concerned about the
future. A diagnosis of anxiety neurosis was recorded and
this disorder was noted to be moderately incapacitating.
Based upon the report of this examination, the evaluation
assigned to the veteran’s anxiety neurosis was increased to
30 percent by rating decision in January 1976.
During a September 1978 VA examination, the veteran was
tense, anxious, restless, tremulous, irritable, and
depressed. Furthermore, the veteran had suicidal ideas and
he talked in a very loud tone of voice. The examiner
concluded that the veteran’s anxiety neurosis was productive
of marked incapacitation. Based upon the results of this
examination, the evaluation assigned to the veteran’s anxiety
neurosis was increased to 50 percent by rating decision in
October 1978.
The report of an April 1979 VA examination discloses that the
veteran closed his barber shop in 1977 because he lost all of
his customers due to his anger, irritability, and
argumentativeness. Although the veteran attempted to obtain
employment subsequent to the closing of his shop, he was
unsuccessful due to the above-mentioned factors. Upon
examination, the veteran was irritable, restless, and he
complained about problems that he was unable to cope with.
The examiner noted that the veteran was markedly on edge and
therefore unable to function meaningfully with others. The
veteran’s anxiety neurosis was found to be productive of
moderate incapacitation.
The report of an August 1981 VA examination indicates that
the veteran spoke in a very emotional manner and that he
sometimes talked in an explosive manner when describing his
difficulties. The examiner noted that there was marked panic
in the veteran’s face and that the veteran emphatically
talked with his hands and with his whole body trembling. The
veteran’s memory, judgment, and insight were impaired. The
examiner concluded that the veteran’s generalized anxiety
disorder continued to be productive of marked incapacitation.
These results led the RO to increase the evaluation assigned
to the veteran’s generalized anxiety disorder to 70 percent
by rating decision in September 1981.
The report of an April 1982 VA examination shows that the
veteran reported having difficulty sleeping, getting along
with others, being restless, and an being unable to use
public transportation. Upon examination, the veteran was
very tense when he described his difficulties. Although his
contact with reality was not impaired, his judgment, insight,
and memory were. The examiner noted that the veteran’s
generalized anxiety disorder continued to be productive of
marked incapacitation.
During his July 1982 personal hearing, the veteran testified
that due to his irritability and argumentativeness, he often
fought with customers in his barbershop which eventually led
to his going out of business. In addition, the veteran
stated that even though he subsequently attempted to obtain
other employment, he was unable to do so due to his
argumentativeness. Lastly, the veteran reported that he had
no social life, no hobbies, and a bad relationship with his
family.
During a May 1995 VA examination, the veteran reported that
he mostly kept to himself because he often argued with
people. The veteran further stated that he woke up
approximately four to five times a night and that he was
depressed as well as unhappy with everyone and everything.
The veteran had no hobbies and he stayed in his room a good
deal of the time. He reported having death wishes because he
was disgusted with his situation. The veteran’s wife stated
that the veteran occasionally “got crazy,” lost his temper,
and fought with everyone. In addition, the veteran’s wife
noted that the veteran had no friends and that there were
times when the veteran wondered why he continued to live.
Upon examination, the veteran had some difficulty expressing
himself. He looked and sounded downcast and he made no
attempt to exaggerate his problems. No signs of psychotic
phenomena were found and the veteran was competent to manage
financial benefits. The veteran’s memory and orientation
were adequate and his insight and judgment were fair.
Diagnoses of generalized anxiety disorder and depression were
recorded. The veteran’s current code on the Global
Assessment of Functioning Scale (GAF Scale) was 45 (serious
impairment in social and occupational functioning). The
examiner apparently concluded that the veteran was
unemployable due to his very poor social adjustment and his
advanced age.
Disability evaluations are based upon a comparison of
clinical findings with the applicable schedular criteria.
38 U.S.C.A. § 1155. Under the provisions of the VA’s
Schedule for Rating Disabilities, generalized anxiety
disorder will be evaluated as 70 percent disabling when it
results in severe impairment. The next higher evaluation, a
100 percent rating, requires the presence of totally
incapacitating psychoneurotic symptoms bordering on gross
repudiation of reality.
The most recent clinical findings show that the veteran’s
generalized anxiety disorder is not totally incapacitating.
In this regard, the Board notes that the veteran was
competent to manage financial benefits and no signs bordering
on gross repudiation of reality were found. Nevertheless,
the veteran’s irritability, argumentativeness, and social
isolation are just some of the symptoms that impair his
ability to obtain or retain gainful employment. Since the
symptomatology currently associated with the veteran’s
generalized anxiety disorder has been both serious enough and
consistent enough in nature to prevent him from seeking and
retaining gainful employment, apart from any nonservice-
connected disabilities, a total disability evaluation is for
assignment. See generally 38 C.F.R. §§ 4.16(c), 4.130.
ORDER
Subject to the laws and regulations governing the award of
monetary benefits, a total disability rating for generalized
anxiety disorder is granted.
CHARLES E. HOGEBOOM
Member, Board of Veterans’ Appeals
The Board of Veterans’ Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to
be assigned to an individual member of the Board for a
determination. This proceeding has been assigned to an
individual member of the Board.
NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans’ Appeals granting
less than the complete benefit, or benefits, sought on appeal
is appealable to the United States Court of Veterans Appeals
within 120 days from the date of mailing of notice of the
decision, provided that a Notice of Disagreement concerning
an issue which was before the Board was filed with the agency
of original jurisdiction on or after November 18, 1988.
Veterans’ Judicial Review Act, Pub. L. No. 100-687, § 402
(1988). The date which appears on the face of this decision
constitutes the date of mailing and the copy of this decision
which you have received is your notice of the action taken on
your appeal by the Board of Veterans’ Appeals.
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